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GENERAL AND SPECIAL CONDITIONS-Continued
12. EIGHT-HOUR LAW OF 1912-OVERTIME COMPENSATION.-Continued.
No laborer or mechanic doing any part of the work contemplated by
this contract, in the employ of the Contractor or any subcontractor
contracting for any part of said work contemplated, shall be required
or permitted to work more than eight hours in any one calendar day upon
such work, except upon the condition that compensation is paid to such
laborer or mechanic in accordance with the provisions of this clause.
The wages of every laborer and mechanic employed by the Contractor or
any subcontractor engaged in the performance of this contract shall be
computed on a basic day rate of eight hours per day; and work in excess
of eight hours per day is permitted only upon the condition that every
such laborer and mechanic shall be compensated for all hours worked in
excess of eight hours per day at not less than one and one-half times
the basic rate of pay. For each violation of the requirements of this
clause a penalty of five dollars shall be imposed for each laborer or
mechanic for every calendar day in which such employee is required or
permitted to labor more than eight hours upon said work without receiv-
ing compensation computed in accordance with this clause, and all pen-
alties thus imposed shall be withheld for the use and benefit of the
13. WALSH-HEALEY PUBLIC CONTRACTS ACT.-If this contract is for the
manufacture or furnishing of materials, supplies, articles, or equip-
ment in an amount which exceeds or may exceed $10,000 and is otherwise
subject to the Walsh-Healey Public Contracts Act, as amended (41 U. S.
Code 35-45), there are hereby incorporated by reference all representa-
tions and stipulations required by said Act and regulations issued
thereunder by the Secretary of Labor, such representations and stipula-
tions being subject to all applicable rulings and interpretations of
the Secretary of Labor which are now or may hereafter be in effect.
The Walsh-Healey Public Contracts Act Rulings and Interpretations
No. 3, dated October 1, 1945, issued by the U. S. Department of Labor,
contains the following:
(1) Contracts for oil products requiring service station deliv-
eries must include the stipulations required by the Act; however,
the stipulations are not applicable to employees working at service
stations, whether the stations are owned or operated by the con-
tractor or by some other person."
14. LABOR INFORMATION.-Attention is invited to the possibility that
wage determinations may have been made under the Walsh-Healey Public
Contracts Act providing minimum wages for employees engaged in the man-
ufacture for sale to the Government of the supplies covered by this
Solicitation for Offers. Information in this connection, as well as
general information as to the requirements of the act concerning over-
time payment, child labor, safety and health provisions, etc., may be
obtained from the Wage and Hour Public Contracts Divisions, Department
of Labor, Washington 25, D. C. Requests for information should state
the Federal Supply Schedule Class Number, the issuing office and the
15. NONDISCRIMINATION IN EMPLOYMENT. (a) In connection with the per-
formance of work under this contract, the Contractor agrees not to dis-
criminate against any employee or applicant for employment because of
race, religion, color, or national origin. The aforesaid provision
shall include, but not be limited to, the following: employment, up-
grading, demotion or transfer; recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees
and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the nondiscrimination clause.
(b) The Contractor further agrees to insert the foregoing provision
in all subcontracts hereunder, except subcontracts for standard com-
mercial supplies or raw materials.
16. OFFICIALS NOT TO BENEFIT.-No member of or delegate to Congress,
or resident commissioner, shall be admitted to any share or part of
this contract, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this contract if made
with a corporation for its general benefit.
17. COVENANT AGAINST CONTINGENT FEES.-The Contractor warrants that
no person or selling agency has been employed or retained to solidit
or secure this contract upon an agreement or understanding for a com-
mission, percentage, brokerage, or contingent fee, excepting bona fide
established commercial or selling agencies maintained by the Contrac-
tor for the purpose of securing business. For breach or violation of
this warranty the Government shall have the right to annul this con-
tract without liability or in its discretion to deduct from the con-
tract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
18. UTILIZATION OF SMALL BUSINESS CONCERNS.-(a) It is the policy of
the Government as declared by the Congress that a fair proportion of
the purchases and contracts for supplies and services for the Govern
ment be placed with small business concerns.
(b) The Contractor agrees to accomplish the maximum amount of sub-
contracting to small business concerns that the Contractor finds to be
consistent with the efficient performance of this contract.
19. RENEGOTIATION.-The following renegotiation clause shall apply
unless the contract calls for delivery to a GSA Stores Depot, or de-
livery to a Government agency not included in the Renegotiation Act of
1951, as amended, or unless the contract is otherwise exempt from re-
negotiation pursuant to said Act and regulations issued thereunder:
This contract is subject to the Renegotiation Act of 1951, as
amended, and shall be deemed to contain the provisions required by
section 104 thereof. The extent of renegotiation will be determined
in accordance with regulations under the act. The Contractor agrees
to include this renegotiation clause (including this sentence), in
each subcontract made to perform any part of the work or to furnish
any materials required for this contract.
20. DISCOUNTS.(a) In evaluating offer, prompt payment discounts
will be considered only on the basis of payment within twenty (20)
days. No discount offered for payment within less than twenty (20)
days will be considered in evaluating bids for award. Offers offering
discounts for payment within period(s) in excess of twenty (20) days
will be evaluated for purpose of award as though they are discounts
offered for payment within twenty (20) days.
(b) In connection with any discount offered, time will be computed
from date of delivery of the supplies to carrier when delivery and ac-
ceptance are at point of origin, or from date of delivery at destina-
tion or port of embarkation when delivery and acceptance are at either
of those points, or from date correct invoice or voucher is received
in the office specified by the Government if the latter date is later
than the date of delivery. Payment is deemed to be made, for the pur-
pose of earning the discount, on the date of mailing of the Government
21. FAILURE TO OFFER.-Failure to offer or to notify the issuing office that future Solicitations are desired may result in the removal of your name from themailing list for the type of supplies covered by the solicitation.
GENERAL AND SPECIAL CONDITIONS-Continued
22. FEDERAL, STATE, AND LOCAL TAXES.-The following clause is appli-
cable to all advertised and negotiated contracts, unless specifically
modified for contracts effected by negotiation:
(a) As used throughout this clause, the term "tax inclusive date"
means the date of negotiated contracts and the date set for the open-
Wing of offers for contracts entered into through formal advertising.
As to additional supplies or services procured by modification to
this contract, the term "tax inclusive date" means the date of such
(b) Except as may be otherwise provided in this contract, the con-
tract price includes all Federal, State, and local taxes and duties
in effect and applicable to this contract on the tax inclusive date,
except taxes (other than Federal transportation taxes), or from which
the Government, the Contractor, or the transactions or properly cov-
ered by this contract are then exempt. Unless specifically excluded,
duties are included in the contract price, and, if freight is includ-
ed in the contract price, Federal transportation taxes are likewise
(e) (1) If the Contractor is required to pay or bear the burden (1)
of any tax or duty, which either was not to be included in the con-
tract price pursuant to the requirements of paragraph (b), or was
specifically excluded from the contract price by a provision of this:
contract; or (ii) of an increase in rate of any tax or duty, whether
or not such tax or duty was excluded from the contract price; or of
any interest or penalty thereon, the contract price shall be corres-
pondingly increased: Provided, That the Contractor warrants in writ-
ing that no amount for such tax, duty, or rate increase was included
in the contract price as a contigency reserve or otherwise: And pro-
vided further, That liability for such tax duty rate increase, inter-
est, or penalty was not incurred through the fault or negligence of
the Contractor or its failure to follow instructions of the Contract-
(2) If the Contractor is not required to pay or bear the burden, or
obtains a refund or drawback, in whole or in part, of any tax, duty,
interest, or penalty which (1) was to be included in the contract
vprice pursuant to the requirements of paragraph (b) (11) was included
in the contract price, or (111) was the basis of an increase in the
contract price, the contract price shall be correspondingly decreased
or the amount of such relief, refund, or drawback shall be paid to
the Government, as directed by the Contracting Officer. The contract
price also shall be correspondingly decreased if the Contractor,
through its fault or negligence or its failure to follow instructions
of the Contracting Officer, is required to pay or bear the burden, or
does not obtain a refund or drawback of any such tax, duty, interest,
or penalty. Interest paid or credited to the Contractor incident to
a refund of taxes shall inure to the benefit of the Government to the
extent that such interest was earned after the Contractor was paid or
reimbursed by the Government for such taxes.
(3) Invoices or vouchers covering any adjustment of the contract
price pursuant to this paragraph (c) shall set forth the amount o
thereof as a separate item and shall identify the particular tax
involved. RODE 144
WhiNELAS AT CYLEC
(4) Nothing in this paragraph (c) shall be applicable to social-
security taxes; net-income taxes; excess-profit taxes; capital-stock
taxes; Federal transportation taxes, except changes in the rate
thereof, including repeal, pertaining to shipments from the Contrac-
tor to the Government; unemployment-compensation taxes; or any State
and local taxes, except those levied on or measured by the contract
or sales price of the services or completed supplies furnished under
this contract, including gross-income taxes, gross-receipts taxes,
sales and use taxes, excise taxes, or franchise or occupation taxes
measured by sales or receipts from sales.
(5) No adjustment of less than $100 shall be made in the contract
price pursuant to this paragraph.
(d) Unless there does not exist any reasonable basis to sustain an
exemption, the Government agrees upon request of the Contractor,
without further liability except as otherwise provided in this con-1
tract, to furnish evidence appropriate to establish exemption from
(1) any Federal tax, which the Contractor warrants in writing was
excluded from the contract price, or (2) any State or local tax: 13
Provided, That evidence appropriate to establish exemption from du-
ties will be furnished, and Government bills of lading will be is-
sued, only at the discretion of the Contracting Officer. In addi-
tion, the Contracting Officer may furnish evidence appropriate to
establish exemption from any tax that may, pursuant to this clause,
give rise to either an increase or decrease in the contract price.
(e) (1) The Contractor shall promptly notify the Contracting of-
ficer of all matters pertaining to Federal, State, and local taxes
and duties that reasonably may result in either an increase or de-
crease in the contract price.
(2) Whenever an increase or decrease in the contract price may be
required under this clause, the Contractor shall take action as di-
rected by the Contracting Officer, and the contract price shall be
equitably adjusted to cover the costs of such action, including any
interest, penalty, and reasonable attorney's fee. COM ATRON
23. FEDERAL EXCISE TAXES--D. C. GOVERNMENT.-No Federal excise tax
under chapter 19 (Retailers' excise taxes) or chapter 29 (Manufactur-
ers' excise taxes) of the Internal Revenue Code (Sections 2406 and
3442 of Title 26, United States Code) is imposed with respect to the
sale of any article to the District of Columbia. Contractors will
bill shipments to the District of Columbia Government at prices exclu-
sive of such excise tax, and show the amount of such tax on the in-
The Government of the District of Columbia will furnish tax-
exemption certificates in connection with any items purchased which
are otherwise subject to such Federal excise tax.
GENERAL AND SPECIAL CONDITIONS-Continued
24. SERVICES.-(a) This solicitation covers the furnishing at Service
Stations of lubricating services, including transmission shots, alcohol
or permanent type antifreeze products, oil filter elements, air filter
service, battery charging, tire and tube repairs, washing and cleaning
services, emergency replacement of defective spark plugs, fan belts,
windshield wipers and lamps. It does not include the furnishing of
parking space, tires, tubes, batteries, automobile accessories or re-
pairs other than those known in the automobile trade as road repairs.
(b) The term "supplies" means gasoline, fuel oil (diesel), lubricat-
ing oil, and kerosene. These supplies shall be regularly refined pro-
ducts which are commercially furnished the public at service station,
on the highways, or at aviation fields as the case may be.
(c) The term "service stations" means gasoline service stations oper-
ated by or in the name of or for the Contractor, and also those oper-
ated by independent merchants, dispensing products distributed by the
Contractor, who will honor the Government and/or Contractor's duly exe-
cuted identification cards.
(d) The term "service-station delivery" shall mean the delivery by
service station attendants of gasoline, fuel oil (diesel), and lubri-
cating oil directly into the fuel tank or the crank-case of Government-
owned or Government-operated motor vehicles, airplanes, boats, and ker-
osene, and unleaded gasoline delivered into Government-owned containers.
25. GRADES AND TYPES OF GASOLINE, LUBRICATING OIL, FUEL OIL (DIESEL),
AND KEROSENE.-(a) Gasoline:
Regular grade shall be the Contractor's regular nonpremium
Premium grade shall be the Contractor's premium quality.
Aviation grade shall be the Contractor's regular quality.
Unleaded for boats shall be the Contractor's regular quality.
(b) Lubricating Oil: Regular type shall be the contractor's regular
nonpremium quality; premium type shall be his premium quality: both
shall include all types from SAE 10 through SAE 50; high detergent type
shall be Contractor's high detergent quality.
(c) Fuel oil (diesel) shall be the Contractor's regular quality.
(d) Kerosene shall be the Contractor's regular quality.
26. UNIT OF QUANTITY.-The unit of quantity shall be the U. S. gallon
(231 cubic inches) for gasoline, and fuel oil (diesel) and kerosene,
and the quart (57.75 cubic inches) for lubricating oil. Prices shall
be based, and payments made, on these units.
27. POSTED PRICES.-"Posted Prices" shall be those publicly posted by
the Contractor or his dealer at time and place of delivery, for use in
computing commercial prices, or the reduced "posted price" as outlined
under "Independent Service Stations" on page 3."
28. MAXIMUM PRICES.-The term maximum price as used herein means that
the offeror selects a ceiling price above which the unit price may not
increase, except as provided in Article (22 and 23) Tax Clauses.
29. REQUIREMENTS.-It is impossible to determine the quantities of
the different grades or type of gasoline, fuel oil (diesel), kerosene,
or lubricating oil that may be required during the contract period;
however, it shall be incumbent upon the successful offeror to furnish
all ordered amounts, except as specified in Emergency and Special Re-
30. IDENTIFICATION CARDS.-(a) The Contractor agrees to honor the
plastic U. 8. Government National Credit Card, Standard Form 149. How-
ever, since the use of the U. 5. Government National Credit Card is not
mandatory on all Departments and Establishments, the Contractor, when
requested by an authorized official of any Department or other Estab-
lishment of the Government of the United States of America or the Gov-
ernment of the District of Columbia, shall furnish credit or courtesy
(identification) cards for presentation to the service-station operator,
so that the articles and services covered by this contract may be pro-
cured on credit in the name of the Federal Government or the Government
of the District of Columbia.
(b) The General Services Administration, National Buying Division,
Fuels and General Products Section, General Products Branch, will fur-
nish the contractor a list of the account numbers and billing addresses
as each U. S. Government National Credit Card is issued.
31. DELIVERY TICKETS.-A delivery ticket shall be furnished for each
vehicle serviced. This shall show (a) the name and address of the
service station, (b) the date of service, (c) the brand name, quantity,
and unit or posted price with extended total, listed separately for
each commodity and accessory service furnished, (d) license or identi-
fication number of the vehicle, and (e) signature of the individual who
made the purchase.
32. INVOICES AND PRICES TO BE PAID.-(a) Invoices shall be forwarded
to the address shown on the identification card immediately following
each delivery or at certain stated weekly or monthly periods to cover
all purchases made during the period, on which delivery tickets have
been received in the accounting office of the Contractor. Such in-
voices shall show the contract number and in the case of the U. S. Gov-
ernment National Credit Card the account number each purchase and serv-
ice as an individual item, where purchasing activities require such
itemization, supported either by the original or a copy of the signed
delivery ticket, depending upon the practice of the Contractor in the
particular area, the date of purchase, the kind, grade, or type, and
quantity of the commodity or service, and
(1) For gasoline, fuel oil (diesel), and kerosene, the posted serv-
ice-station price, less such amount as may be specified in the con-
tract as deductible, and less the amount of all state and local taxes
for which the Contractor is obligated hereunder to accept tax-exemp-
(2) For lubricating oil, the commercial sale price of the Contrac-
tor or his dealer at time and place of delivery less the amount of
all state and local taxes for which the Contractor is obligated here-
under to accept tax-exemption certificates. 7
(3) For accessory service, the price for the service at the time
and place of delivery, less all applicable discounts.
(4) The volume meter of a service station gasoline pump is usually
set to record in tenths of a gallon, whereas the money meter is set
to record each cent's worth of gasoline as delivered. Obviously, the
volume and the dollar and cents meter readings, reflected on delivery
tickets, cannot always be exactly reconciled. Therefore, within the
foregoing limitations, the Government will be obligated to make pay-
ment on the basis of the dollar and cents meter readings reflected on
delivery tickets, if otherwise in order.
(b) The price payable shall be the price stated in the invoice in ac-
cordance with subparagraph (a) hereof or the quoted maximum price, if
any, whichever is lower or the reduced price as outlined under "Inde-
pendent Service Stations" on Page 3, subject to applicable time dis-
counts and to the provisions hereof.
33. COMMERCIAL ADVERTISING.-Successful offerors shall not use awards
as a basis for commercial advertising.
34. AWARD.-The right is reserved, as the interest of the Government
may require, to reject any or all offers and to waive any minor infor-
mality or irregularity in offers received. The Government may accept
any item or group of items of any offer unless qualified by specific
limitation of the offeror. The contract shall be awarded to that re-
sponsible offeror whose offer, conforming to the Solicitation for Of-
fers, will be most advantageous to the Government, price and other fac-
tors considered. An award mailed (or otherwise furnished) to the suc-
cessful offeror within the time for acceptance specified in the offer
results in a binding contract without further action by either party.
GENERAL AND SPECIAL CONDITIONS-Continued
35. METHOD OF AWARD.-(a) Multiple awards will be made under this
Solicitation for Offers to the extent necessary to satisfy the require-
ments of the Federal Fleet of Motor Vehicles, considering effective
utilization of industry production and travel distance involved in
vehicle purchase of gasoline, lubricants and related services. It is
proposed, however, to limit the number of Contractors to the extent
consistent with administrative costs and economic availability of the
required services, and provided all requirements can thereby be met.
(b) Therefore, to the extent feasible, awards will be limited to
those offerors who offer price considerations affected by any one or
more of the following factors:
(1) Consideration discount below).
percent (See Paragraph (c)
(2) Prompt Payment Discount.-Discount will be allowed for prompt payment as follows: 20 calendar days percent; 30 calendar
(3) Amount deducted from Posted Price.
(4) Maximum Price.
(c) In determining the consideration moving from the Government under
this Solicitation for Offers, offerors should consider the savings on
their operations and sales which have been a direct result of the Gov-
ernment's issuance and use of the U. S. Government National Credit
Card, as well as the potential increase in sales of products by Con-
tractors offering advantageous prices to the Government.
(d) Price considerations applicable to (1) and (2) above will be in-
dicated in the spaces provided therefor; and those applicable to (3)
and (4) will be indicated in the Schedule.
36. INFORMATION TO BE SUBMITTED BY THE OFFEROR.-(a) Trade or Brand
Name.-Offeror shall indicate below the trade or brand name of the
gasoline fuel oil (diesel), or lubricating oil it is proposed to fur-
nish. This name will, during the contract period, be accepted as a
representation of the characteristics and quality of the commodity
(b) Mailing Address. If communications, orders, or remittances are
to be sent to an address other than shown on the face of the Solicita-
tion, offeror shall so indicate below.
(e) Number of "salary operated" stations.
37. REPORT OF SALES.-(a) Contractors shall furnish a quarterly re-
port of the total dollar volume of sales based on invoices submitted to
the billing activities during the reporting period. This report will
be furnished within 30 days subsequent to the end of the reporting
period, This report shall be made on the Contractor's stationery,
showing the contract number, reporting period and total dollar volume
of sales, and forwarded to FUELS AND GENERAL PRODUCTS SECTION, GENERAL
PRODUCTS BRANCH, NATIONAL BUYING DIVISION, GENERAL SERVICES ADMINIS-
TRATION, FEDERAL SUPPLY SERVICE, 7th AND D STREETS, S. W., WASHINGTON
25, D. C.
(b) The right is specifically reserved to the Government to inspect
without further notice such records of the Contractor as pertain to
sales under any contract resulting from this Solicitation for Offers.
Wilful failure or refusal to furnish the required reports, or falsifi-
cation thereof, shall constitute sufficient cause for applying the pro-
visions of the DEFAULT CLAUSE, stipulated herein.
38. GRATUITIES.-(The Gratuities Clause is applicable to all orders
from Military Departments. In subparagraphs (a) and (b) below, the
term "contracts" shall be deemed to refer to any order placed under
this contract by a military department. Where the right of the Con-
tractor to proceed with an order is terminated in accordance with this
Gratuities clause by any military department ordering office, the Gov-
ernment may, in addition to the rights under this Gratuities clause,
by written notice to the Contractor, terminate the whole or any part of
this Federal Supply Schedule Contract in the same manner as provided in
paragraph (a) (1) of the clause entitled "Default," in which case the
Government shall be entitled to pursue the same remedies against the
Contractor as it could pursue in the event of a breach of the Contract.)
(a) The Government may, by written notice to the Contractor, termi-
nate the right of the Contractor to proceed under this contract if it
is found, after notice and hearing, by the Secretary or his duly au-
thorized representative, that gratuities (in the form of entertain-
ment, gifts, or otherwise) were offered or given by the Contractor,
or any agent or representative of the Contractor, to any officer or
employee of the Government with a view toward securing a contract or
securing favorable treatment with respect to the awarding or amend-
ing, or the making of any determinations with respect to the perform-
ing, of such contract: Provided, That the existence of the facts upon
which the Secretary or his duly authorized representative make such
findings shall be in issue and may be reviewed in any competent court.
(b) In the event this contract is terminated as provided in para-
graph (a) hereof, the Government shall be entitled (1) to pursue the
same remedies against the Contractor as it could pursue in the event
of a breach of the contract by the Contractor, and (ii) as a penalty
in addition to any other damages to which it may be entitled by law,
to exemplary damages in an amount (as determined by the Secretary or
his duly authorized representative) which shall be not less than
three nor more than ten times the costs incurred by the Contractor in
providing any such gratuities to any such officer or employee.
(c) The rights and remedies of the Government provided in this
clause shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this contract.
39. RENEWAL OPTION.-Contracts resulting from this Solicitation for
Offers may, at the option of the Government and with the consent of the
Contractor, be renewed from year to year upon the terms and conditions
herein specified, provided notice be given in writing to the Contractor
at least forty-five days before this contract or renewal thereof would
otherwise expire provided that no renewal thereof shall extend the
period of the contract beyond the 30th of June, 1965.